Stay A Writ Of Control And Set Aside The Judgment
If you were unaware of a judgment, for example, due to a change of address, then under Civil Procedure Rule 27:11. You may apply to the Court to stop enforcement and set aside the judgment. You must demonstrate that you have a reasonable prospect of successfully defending the original claim.
If the judgment is over 21 days old, you will need to explain the delay in making your application.
When you file your application, the High Court may issue a temporary suspension (stay) of enforcement, allowing you to re-list the claim for a new hearing at your home County Court. You must file the County Court application within the High Court's specified timeframe, typically 14 or 21 days.
Before proceeding, it's advisable to obtain a copy of the Writ of Control. This document will provide the original judgment claim number, the creditor's name, and the address for enforcement.
It is essential to document the reasons why you believe you do not owe the adjudged sum—your defence, in this process, enlisting the assistance of a paralegal can be invaluable. A paralegal can help you prepare a compelling statement, significantly enhancing your chances of the Court granting your application to stop the enforcement and defending the judgment.
Under Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014, bailiffs cannot recover fees once the Court has suspended enforcement. If a bailiff has already taken money from you, Regulation 15 allows you to apply to the Court to recover those fees, along with your legal expenses.
This process involves filing an application to the High Court, detailing the fees you believe were unlawfully taken, and stating your legal expenses in making the application.